John Roberts

John is a Principal Associate in our casualty team based in our Cardiff office. He has defended Insurers, Local Authorities and Educational Institutions against Claims and Appeals for nearly 20 years.

A particular area of focus for his practice is educational matters. John represents education authorities and institutions against appeals brought in the Educational Tribunal systems in Wales and England, related to a child or young person’s Additional Learning Needs and Special Educational Needs.

John has a wide range of experience in responding to appeals made under S.9 or the Education Act (Independent School funding) and the content of a child or young person’s EHCP/Individual Development Plan. He has conducted cases in the Upper Tribunal as well as the First Tier Tribunals. He has also provided substantial training to schools, educational authorities, FEIs and Universities, notably on the Additional Learning Needs and Education Tribunal (Wales) Act 2018 (ALNET) and the Equality Act, as well as student complaints. He has also trained NHS Bodies on their obligations under ALNET.

John has successfully acted in a large number of claims arising out of Highways accidents (motor and ‘trippers’), Public Liability, Employer Liability, Failure to Educate and Official Indemnity. He has secured several findings of ‘fundamental dishonesty’.

John sits as a Deputy District Judge on the Wales Circuit.

Notable cases

• A v. Local Authority X – Parents of A brought a First Tier Tribunal Appeal seeking that their disabled child be educated at an independent provision, funded by the Local Authority, at a predicted cost of circa £50,000 per academic year. The Tribunal found that the independent provision could not meet the child’s needs and dismissed the appeal. The further appeal to the Upper Tribunal was dismissed.
• PT Civil Engineering v. Davies – Successful appeal in relation to claim brought as a result of work vehicle bursting into flames, causing injury to the claimant.
• Miles v. Caerphilly County Borough Council – Successful defence of claim brought against CCBC arising out of notorious case where the claimant, the manager of a ‘halfway house’,  witnessed the murder and an act of cannibalism in relation to a young woman by a resident at her property, sustaining substantial psychiatric damage and claiming for loss of value and profit.